FEDERAL COURT OF AUSTRALIA
Khan v Migration Agent Registration Authority [2006] FCA 47
PRACTICE AND PROCEDURE –- no point of principle
SHER AFZAL KHAN V MIGRATION AGENT REGISTRATION AUTHORITY
NSD 1164 OF 2005
MOORE J
1 FEBRUARY 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1164 OF 2005 |
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BETWEEN: |
SHER AFZAL KHAN APPLICANT
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AND: |
MIGRATION AGENT REGISTRATION AUTHORITY RESPONDENT |
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MOORE J |
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DATE OF ORDER: |
1 FEBRUARY 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application to set aside the orders made on 27 July 2005 be dismissed.
2. The applicant pay the respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1164 OF 2005 |
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BETWEEN: |
SHER AFZAL KHAN APPLICANT
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AND: |
MIGRATION AGENT REGISTRATION AUTHORITY RESPONDENT |
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JUDGE: |
MOORE J |
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DATE: |
1 FEBRUARY 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application to set aside orders made by me on 27 July 2005 dismissing the appeal brought by the applicant.
2 The respondent submitted that this Court has no power to set aside those orders. I doubt that is so and I am prepared to assume that the Court does have the power. In any event, having regard to the history of the matter and the non-appearance of Mr Khan on several occasions, including today, and for the reasons given by Mr Markus, the appropriate order is to dismiss the application with costs.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 14 February 2006
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
1 February 2006 |
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Date of Judgment: |
1 February 2006 |
